BOA DECISION 10/26/18 ACCESS. LIVING AREA Elm CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET St1LI3,M,jNLNSSACHusFTfs 01970
KIMBFRI,FY DRISCOI,I, TELE:978-745-9595♦ FAX:979-740-9846 C ) W
MAYOR
October 26, 2018
3arn
Decision m
City of Salem Board of Appeafs co .
Petition of THERESA PETERSON requesting a Special Permit per Sec. 3.2.8 of the Zoning Ordinance to
allow an accessory living area at 24 SOUTH STREET(Map 15,Lot 524) (R-1 Zoning District).
A public hearing on the above petition was opened on October 17, 2018 pursuant to M.G.L Ch. 40A, 11
and was closed on that date with the following Salem Board of Appeals members present: Mike Duffy
(Chair),Jim Hacker,Patrick Shea,and Paul Viccica.
Statements of fact:
1. In the petition date-stamped September 19, 2018, the Petitioner requested a Special Permit per Sec.
3.2.8 Accessory Living Areas, to allow an existing accessory living area.
2. The petitioner presented the petition.
3. The property is a single-family detached dwelling located in the R-1 Zoning District.
4. The petitioner is seeking a special perniit to allow an existing sh�&accessory living area within the
home to provide an ac6e4ory living area for the petitioner'l daughter, granddaughter, and the
petitioner's daughter's boyfriend.
5. An accessory living area is defined as: A housekeeping unit, With sleeping,own slee cookie and
sanitary facilities, located within a single family dwelling that is; subordinate in size o� the principal
unit, separate) from it in a manner which maintains the appearance of the building as a single-family
dwelling, and allowed by special permit pursuant to Section 3.2.8 of the Salem Zoning Ordinance.
6. The requested special permit,if granted,would allow the petitioner to maintain the existing unit as an
accessory living area.
7. At the public hearing, one member of the public spoke in favor of the petition and none spoke in
opposition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing,
and after thorough review of the petition, including the application narrative and plans, makes the
following findings:
The purpose, procedure and requirements of Section 3.2.8 of the Zoning Ordinance have been fulfilled
and the adverse effects of the proposed use will not outweigh its beneficial impacts to the City or
neighborhood.
1. There are community nee'''dL that are served by the proposal including by providing family members
V with a means of companionship, security, dimity, and independent living.
2. There are no traffic flow and safety impacts including parking an loading.
! iI
City of Salem Board of Appeals
October 26,2018
Project:24 South Street
Page 2 of 2
3. Utilities and other public services are adequate.
4. There are no negative impacts to the neighborhood character.
5. There are no negative im a is to the natural environment. i
6. Potential economic and fiscal impact, including impact on City services, tax base, and employment is
positive. y
On the basis of the above statements of facts and findings, the Sale
Permit
of Appeals
Duffy [Chair], J Hacker, Patrick Shea, and Paul Viccica) in favord none oppoed to issuevoted oa Sur pecial
Permit per Sec. 3.2.8 of the Zoning Ordinance to allow an accessoryliving area subject to the following
terms,conditions and safeguards:
Standard:
1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations.
2. All construction shall be done as per the plans and dimensions submitted to and approved by the
Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly
adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing structure.
6. A Certificate of Occupancy is to be obtained.
7. Petitioner is to obtain apprgval from any City Board or Commisioni having jurisdiction including, but
not limited to the Planning Board.
u
r
1
Mik4Du y, Chair
Board of Appeals
A COPY OF THIS DECISION 11-1S BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal firm this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Lows Chapter 40A, and shall be fried within 20
days of ftling of this decision in the ofce of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or
Special Permit granted herein shat!not take effect until a copy of the decision beating the certificate of the Ci1f`Clerk has been filed with the Essex South
Registry of Deeds.
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